Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1887-03-11
WINDHAM COUNTY COURT.

The March term convened at Newfane on
Tuesday, the Sth inst, and got well at work
in the afternoon Present, Hon H. H. Pow
ers, presiding judge; Hon. r. W. Clarke
and Hon. l.. s. Walker, assistant judges.
The first case ready for trial was that of
EUJene johnson rS AipnzO DoOiittip The
action is case to recover damages for deceit
in the sale of n horse Both parties reside
at Brattleboro The evidtnc on the part
of the plaintiff tended to show that in Feb
ruury, 1856 lac bought of defendant
horse at the price of $50 and paid for the
same with wagon of that value, which he
delivered defendant that plaintiff inform
ed defendant that he wanted horse that
was kind and one that his wife could drive,
and should rely on what defendant told HIM,
as he had no Judgment about horses himself
that defendant showed him horse that he
said was nine years old, was sound with the
exception of defect in one knee that was
plainly to be seen, and was kind and gentle
ior IA woman to drive; that plaintiff, rely
ing upon what defendant told him, made
the trade and the parties exchanged prop
erty that the first time the plaintiff under
tool. to drive the horse 1t acted like IA balky
animal This was plaintiffs experience ev
cry time he used the horse. 1t would rear
up, stop short, start on run when 1t got
ready 10 20. and the result was that after
plaintiff had broken his harness well up in
trying to use the horse, he notified defend
ant that the horse was balky and ugly and
offered to rescind the trade, which defend
ant refused 10 do. 1t was amusing to hear
the plaintiff describe the actions OF the am
mai and his experience with him. lie IN
truduced further evidence, which tended To
L. . l.. q H.. i1nlx
that the defendant knew the hol Sc was
balkv animal when he traded with plaintiff.
and that said horse was not worth exceed
ing S25,
Defendants evidence tended to show that
he did not represent said horse to he kind
or horse that II woman could drive, or
that it was all right with the exception of
the knee spoken of that plaintiff told him
he wanted IA cheap horse defendant replied
that he had cheap plug which he would
trade him for the wagon that he showed
plaintiff the horse and gave him all the in
formation that he had himself relative To
the horse, aud that plaintiff exchanged with
him relying ON his own Judgment aud not
on the Judgment of defendant.
This case was tried last September, when
the Jury failed to agree. If the case re
mains in court much longer, the horse will
parties, as no doubt il has already, Yer
dict for defendant. Haskns & Stoddard
and Tyler for plaintiff Waterman x Martin
and Eddy for defendant.
William .ipt.tSon rs lrtd HuHt This
was an action on the case to recover dam
ages sustained by reason of defendants
negligence. The plaintiffs evidence tended
To show that between sundown and dark of
August l4th, 1883, he was crossing the
street near the bridge at the lower end OF
Main street in Brattleboro village, and the
defendant, driving with IA horse and buggy
at u fast speed from the direction of Canal
street, ran against him and Knocked INN
over, injuring his head and as II PCS"
thereof he became violently insane, an"
also had long sickness from typhoid fever,
from the effects of which he had never fully
recovered that previous to his being run
against 10y defendant he had had excellent
health and was able to work and earn ialr
wages.
Defendants evidence tended to show
that at the time Of the collision he was drlv-
ing at an ordinary rate of speed had ms
horse well in hand, and that instead of run
ming against plaintiff, the plaintiff careless
w and negigently stepped directly in front
Of his horse and hence the collision was
without fault on his part nor could he pre-
vent it, That the plaintiff was not made
insane, but that at the time was coming
down with the typhoid fever, and was
therefore for while tout of his head,
as it is said That his attack and sickness
with the typhoid fever had no connection
immediate or remote with the collision,
That had plaintiff and defendant never met,
he would have had the typhoid fever all
the same aud with the same severity.
The case went to the jury this afternoon.
Waterman x Martin for plaintiff Haskms
q Stoddard and Tyler for the defendant.
St,,te Is. John Doyle Information for the
larceny of money at Putney. On being ar
raigned he pleaded guilty, and was sen
fenced to Imprisonment for two years m